At Cercacor, we believe discovery never ends. This relentless drive to do better, think better, perform better, and to make the impossible, possible, is the basis of our innovative products and technology.

2018 Cercacor Laboratories, Inc. Apple, the Apple logo, iphone, iPad and iPod touch
are trademarks of Apple Inc, registered in the U.S. and other countries. App Store is a service mark of
Apple Inc. Masimo and Masimo rainbow SET are registered

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Terms and Conditions

Regulatory

Legal

Privacy Policy

Patents

Regulatory and Safety Notices

US: Federal Communications Commission (FCC)
Statements

This device complies with part 15 of the FCC Rules.
Operation is subject to the following two conditions:

This device complies with part 15 of the FCC Rules.

Operation is subject to the following two conditions:

FCC Warning to User:

Changes or modifications not expressly approved by the party responsible for compliance
could void the user's authority to operate the equipment.

NOTE: This equipment has been tested and found to comply with the limits for a Class B
digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide
reasonable protection against harmful interference in a residential installation. This
equipment generates, uses and can radiate radio frequency energy and, if not installed and
used in accordance with the instructions, may cause harmful interference to radio
communications. However, there is no guarantee that interference will not occur in a
particular installation. If this equipment does cause harmful interference to radio or
television reception, which can be determined by turning the equipment off and on, the user
is encouraged to try to correct the interference by one or more of the following
measures:

Reorient or relocate the receiving antenna.

Increase the separation between the equipment and receiver.

Connect the equipment into an outlet on a circuit different from that to which the
receiver is connected.

Consult the dealer or an experienced radio/TV technician for help.

FCC ID: X44-E0001

Canada: Industry Canada (IC) Statements

IC Notice to Users in English/French according to
RSS-Gen section 8.4:

This device complies with Industry Canada’s license-exempt RSSs. Operation is subject to the
following two conditions:

This device may not cause interference; and

This device must accept any interference, including interference that may cause
undesired operation of the device.

Cercacor Laboratories Inc. declares under our sole
responsibility that our hemoglobin monitor, Ember, Model E001 to which this declaration
relates is in conformity with the Radio and Telecommunications Terminal Equipment Directive
1999/5/EC, and thereby authorized to apply the CE Mark on Ember.

These Terms of Use govern your purchase from Cercacor
Laboratories, Inc. and Cercacor International Sarl (“Cercacor”, “we” or “us”) and the use of
our products (“Our Products”), software, mobile applications, use of our cloud storage for
user measurements and user information (“Our Cloud Service”) and other services we provide
(collectively, “Our Service”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR
SERVICE. If you do not agree to these Terms of Use, you may not use Our Service.

We may modify these Terms of Use at any time. We will
post the modified Terms of Use on our website, www.cercacor.com By continuing to use Our Service, you
agree to be bound by such modification and should therefore periodically review these Terms
of Use.

You must be 13 years of age or older to use Our
Service.

Orders and Fulfillment

All orders are subject to acceptance by us. Upon
placing an order with us, we will send you an email confirming our receipt of your order.
Upon shipment of your order, we will send you an email indicating acceptance of your order,
shipment confirmation, carrier information and tracking number. We reserve the right not to
accept your order for any or no reason.

Pricing for Our Products is shown in US dollars and
excludes taxes, shipping charges and, for shipments to non-US locations, duty and import
fees, if applicable. If you are ordering outside the US, you are responsible for any taxes,
duty and import fees incurred upon entry to your country.

You may select a method of shipment and we will
charge you accordingly. The risk of loss and title to your purchased product pass to you
upon our delivery to the carrier.

Use of Our Service

Our Product is not a medical device. Our Service is
not intended to diagnose, treat, cure or prevent any medical condition or disease. We are
not responsible for any medical problems that may result from training or exercise programs
you engage in or learn about while using Our Service. Consult your doctor before beginning
or modifying any exercise program or if you have any medical conditions that might be
affected by use of Our Service.

Subject to the other terms and conditions in these
Terms of Use, Cercacor grants you a limited, non-exclusive, non-transferable,
non-sublicensable license to

access and view Our Content, as defined below,

access and use the software and mobile applications provided by Our Service,

access and use Our Cloud Service,

use the software that is embedded in Our Products that you purchase. This license is
provided solely for your personal and non-commercial use of Our Service.

Our Service, website and promotional materials
contain text, graphics, logos, images, software, applications, audio, video, works of
authorship, and information or other materials that are owned by or licensed to us
(collectively, “Our Content”). Our Content, Our Service and its underlying technology are
protected by copyright, trademark, intellectual property, and other laws of the United
States and foreign countries. Unauthorized use of Our Service may violate these laws. You
agree not to remove, change or obscure any copyright, trademark, service mark or other
proprietary rights notices incorporated in or accompanying Our Service.

You may not use, copy, adapt, modify, prepare
derivative works based upon, distribute, license, sell, transfer, publicly display, publicly
perform, transmit, broadcast or otherwise exploit Our Service or any portion thereof, except
as expressly permitted in these Terms of Use. No licenses or rights are granted to you by
implication or otherwise under any intellectual property rights owned or controlled by
Cercacor or its licensors, except for the licenses and rights expressly granted in these
Terms of Use.

You may use Our Service with a device that is
manufactured, distributed, or sold, by or on behalf of Cercacor, with a Cercacor mobile
application and with the use of a supported mobile device. It is your responsibility to
maintain the functionality of the supported mobile device. You may not use Our Service with
any device that is not manufactured, distributed, or sold, by or on behalf of Cercacor. You
may not use Our Service with any applications that are not expressly authorized by Cercacor
or with an unsupported mobile device. Some uses of Our Service require internet access.

Except to the extent permitted by law, you may not
perform, attempt to perform, or encourage or assist others in performing any of the
following while accessing or using Our Service: (i) display, mirror or frame Our Service or
any individual element of Our Service, Cercacor’s name, any Cercacor trademark, logo or
other proprietary information, or the layout and design of any page or form contained on a
page, without our express written consent; (ii) access or tamper with non-public areas of
Our Service, our computer systems, or the technical delivery systems of our providers; (iii)
test the vulnerability of any Cercacor system or breach any security or authentication
measures; (iv) circumvent any technological measure implemented by us or any of our
providers or any other third party to protect Our Service or Our Content; (v) access Our
Service through the use of any mechanism other than through the use of an authorized
connection, Our Service or a Cercacor provided programming interface; or (vi) modify,
decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the
source code of any software or application that we provide you or that is part of Our
Service.

We are not responsible for the accuracy, reliability,
effectiveness or correct use of information you receive through Our Service.

Use of Our Cloud Service

Use of Our Cloud Service requires that you create a
user account with us. Use of Our Product and mobile application on a standalone basis does
not require that you create a user account with us. If you create a user account, you are
responsible for the accuracy and completeness of the information about yourself. You are
also responsible for maintaining the confidentiality of your account and password.

You may save certain information obtained from the
use of Our Service and other personal information (together, “Your PI”) to our Cloud
Service. You retain all rights to Your PI that you save in Our Cloud Service. By using Our
Cloud Service, you grant to us a non-exclusive, perpetual, transferable, sublicensable,
worldwide, royalty-free license to use, copy, modify, adapt, display, and distribute Your PI
only in connection with providing Our Service and in compliance with our privacy policy.
Read our Privacy Policy here.

You are responsible for Your PI and the use of Our
Service to generate information that becomes part of Your PI. You represent and warrant that
you own Your PI or that you have all the rights necessary to grant us a license to use Your
PI as described in these Terms of Use.

If you have a user account for Our Cloud Service and
are connected to the Internet, the Service will automatically backup your data each time a
measurement is taken. We reserve the right to delete your data from Our Cloud Service if
your device has not been connected to Our Cloud Service for a period of one hundred and
eighty (180) days or longer.

Third Party Services

We may offer services that are provided by or utilize
third party services such as GPS or weather apps. When using third party services, you are
subject to and should review such third party’s terms of use and privacy policies. GPS and
weather data may be inaccurate, incomplete or unavailable. Any location or weather data
provided by Our Service is not intended to be relied upon in situations where precise
information is needed or where inaccurate or incomplete data may lead to violation of law,
personal injury, illness, death, property or environmental damage. Neither Cercacor nor any
of its service providers guarantees the availability, accuracy, completeness, or timeliness
of location data, weather data or any other data displayed by the Service. THESE SERVICES
ARE NOT INTENDED OR SUITABLE FOR PROVIDING LOCATION DATA IN EMERGENCY SITUATIONS OR TO
RECEIVE SEVERE WEATHER WARNINGS.

Public Forums and Communication

We may offer access to public forums (“Forums”)
hosted by us where you may post or submit questions, comments, ideas, suggestions, reviews,
photos, and other content (collectively, “Non-Personal Content”), provided such Non-Personal
Content is not illegal, fraudulent, obscene, defamatory, violent or threatening, intolerant
of race, religion or sexual orientation, invasive of privacy, infringing of intellectual
property, or serving a commercial or political purpose. If you do post or submit
Non-Personal Content to a Forum, you grant Cercacor a nonexclusive, transferable, royalty
free, perpetual, irrevocable and sublicensable right to use, copy, modify, adapt, publish,
perform, translate, create derivative works from, distribute and display such Non-Personal
Content. You also permit other users to access, view, store or reproduce your Non-Personal
Content for that user’s personal use. You represent and warrant that you own or otherwise
control all of the rights to the Non-Personal Content that you post and that you will
indemnify Cercacor for all claims resulting from Non-Personal Content you supply. You
acknowledge that your use of or reliance upon other users’ Non-Personal Content is at your
own risk.

Our Rights

Any attempted use that is in violation of these Terms
of Use may result in the immediate termination of your ability to use some or all of Our
Service.

We are not obliged to monitor access or use of Our
Service, Our Content, Your PI or your Non-Personal Content or to review, edit or delete any
of Our Content, Your PI, or your Non-Personal Content, but we have the right to do so for
the purpose of operating Our Service, to ensure compliance with these Terms of Use, and to
comply with applicable law or other legal requirements. We may consult with and disclose
unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may
cooperate with law enforcement authorities to prosecute users who violate the law. We
reserve the right, but are not required, to remove or disable access to Our Service, Our
Content, Your PI, Forums, or your Non-Personal Content at any time and without notice, and
at our sole discretion, if we determine that Your PI, your Non-Personal Content or your use
of Our Service or Forum is objectionable or in violation of these Terms of Use. We have the
right to investigate violations of these Terms of Use and any conduct that affects Our
Service.

Changes to Our Service

We may change or discontinue, temporarily or
permanently, any feature or component of Our Service at any time without notice. We are not
liable to you or to any third party for any modification, suspension or discontinuance of
any feature or component of Our Service. We reserve the right to determine the timing and
content of software updates, which may be automatically downloaded and installed by Our
Products or applications without prior notice to you.

Limitation of Liability

NEITHER CERCACOR, ITS SUPPLIERS OR LICENSORS, NOR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR
ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION,
COMPUTER DAMAGE, MOBILE DEVICE DAMAGE, SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES
ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR SERVICE AND OUR
CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CERCACOR IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO
YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE
UNDER THE APPLICABLE LAW.

IN NO EVENT WILL CERCACOR’S TOTAL LIABILITY ARISING
OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE
SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO CERCACOR FOR USE OF OUR SERVICE.

Indemnity

You will indemnify and hold harmless Cercacor and its
officers, directors, employees and agents, from and against any claims, disputes, demands,
liabilities, damages, losses, and costs and expenses, including, without limitation,
reasonable legal and accounting fees arising out of or in any way connected with (i) your
access to or use of Our Service, (ii) Your PI, or (iii) your breach of any warranties made
by you hereunder or your violation of any other provision of these Terms of Use. We reserve
the right to assume control of the defense of any third-party claim that is subject to
indemnification by you, in which event you will cooperate with us in asserting any available
defenses.

Disclaimer of Warranties

OUR SERVICE (OTHER THAN OUR PRODUCT) IS PROVIDED
“AS-IS”, WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY
DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE
OF DEALING OR USAGE OF TRADE.

We make no warranty that Our Service, Our Content or
Forums will meet your requirements or be available on an uninterrupted, secure, or
error-free basis. We make no representations or warranties regarding the quality, accuracy,
timeliness, completeness or reliability of Our Service, Our Content or Forums. Any use of
Our Service, Our Content or Forums is at your own risk.

We will use reasonable care in providing Our Service
(including Our Cloud Service), but, to the maximum extent permitted by applicable law, WE DO
NOT GUARANTEE OR WARRANT THAT ANY DATA YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT
BE SUBJECT TO INADVERTENT CORRUPTION, LOSS OR DELETION, AND WE SHALL NOT BE LIABLE SHOULD
SUCH CORRUPTION, LOSS OR DELETION OCCUR. It is your responsibility to maintain appropriate
alternate backup of your data. Our Product is covered by a limited warranty. Read our
product Warranty Policy here.

Termination

If you violate these Terms of Use, we reserve the
right to deactivate your account or terminate your right to use Our Service, at our sole
discretion, at any time and without notice or liability to you. Upon any such termination,
we may delete Your PI, your Non-Personal Content and other information relating to your
account. You may cancel your account at any time by contacting us at support@cercacor.com or by calling us at 1
(800) 610-8522 and selecting Support.

Copyright Policy

We respect the intellectual property rights of others
and we expect our users to do the same. It is our policy, in our sole discretion and when
appropriate, to terminate accounts of users who may infringe or repeatedly infringe the
rights of copyright holders.

To submit a copyright infringement notification to
us, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA")
by providing the below-specified Agent with the following information in writing:

A physical signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a representative
list of such works.

Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit the service provider to
locate the material.

Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law.

A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the
preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. §
512 for more information regarding the DMCA and DMCA notifications.
Our Agent to Receive Notification of Claimed Copyright Infringement can be
reached as follows:
By Email: legal@cercacor.com
By Mail:
DMCA Designated Agent
Attn: Legal Department
Cercacor Laboratories, Inc.
40 Parker
Irvine, CA 92618

Export Control

The United States and certain other countries control
the export of products and information. You agree to comply with such restrictions and not
to export or re-export Our Product, Our Content or other portion of Our Service to countries
or persons prohibited under export control laws. By purchasing Our Product or by accessing
our Service, you are agreeing that you are not in a country where such export is prohibited
and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S.
Treasury Department's list of Specially Designated Nationals. You are responsible for
compliance with the laws of your local jurisdiction regarding the import, export, or
re-export of Our Product, Our Content or our Service.

General

Except as otherwise stated herein, these Terms of Use
constitute the entire and exclusive understanding and agreement between Cercacor and you
regarding Our Service, and these Terms of Use supersede and replace any and all prior oral
or written understandings between Cercacor and you regarding Our Service and Our Content. If
for any reason a court of competent jurisdiction finds any provision of these Terms of Use
invalid or unenforceable, that provision will be enforced to the maximum extent possible and
the other provisions of these Terms of Use will remain in full force and effect.

Except to the extent provided below in this
paragraph, all legal issues arising from or related to the use of Our Service or Our Content
will be construed in accordance with and determined by the laws of the State of California
applicable to contracts entered into and performed within the State of California without
respect to its conflict of laws principles. By using Our Service, you agree that the
exclusive forum for any claims or causes of action arising out of your use of Our Service is
the United States District Court for the District of California, or any California State
court, sitting in Orange County, California, USA. You hereby irrevocably waive, to the
fullest extent permitted by law, any objection which you may now or hereafter have to the
laying of the venue of any such proceeding brought in such a court and any claim that any
such proceeding brought in such a court has been brought in an inconvenient forum.

You may not assign or transfer these Terms of Use,
by operation of law or otherwise, without Cercacor’s prior written consent. Any attempt by
you to assign or transfer these Terms of Use without such consent will be null. Cercacor may
freely assign or transfer these Terms of Use without restriction. Subject to the foregoing,
these Terms of Use will bind and inure to the benefit of the parties, their successors and
permitted assigns.

Any notices or other communications provided by
Cercacor under these Terms of Use, including those regarding modifications to these Terms of
Use, will be posted on our website.

Cercacor’s failure to enforce any right or provision
of these Terms of Use will not be considered a waiver of such right or provision. The waiver
of any such right or provision will be effective only if in writing and signed by a duly
authorized representative of Cercacor. Except as expressly set forth in these Terms of Use,
the exercise by either party of any of its remedies under these Terms of Use will be without
prejudice to its other remedies under these Terms of Use or otherwise.

Purchase or possession of this device does not carry
express or implied license to use with replacements parts which would, alone or in
combination with this device, fall within the scope of one of the relating patents.

Cercacor, Ember and the starburst icon are registered
trademarks of Cercacor Laboratories, Inc.

All other trademarks and registered trademarks are
property of their respective owners.

This privacy policy (“Privacy Policy”) applies to
http://www.cercacor.com and the mobile applications owned and operated by Cercacor Laboratories,
Inc. and Cercacor International Sarl (“Cercacor,” “We,” “Us,” or “Our”). This Privacy Policy
describes how Cercacor collects, uses, shares and secures the personal information you provide
on our website http://www.cercacor.com and our mobile application Ember. It also describes the
choices available to you regarding our use of your personal information and how you can access,
correct and update this information. We are the data controller for processing your personal
data. For any questions regarding this Privacy Policy, please contact us using the details
listed in the “Contact Us” section below.

Does Cercacor Participate in the EU-U.S. Privacy Shield
Framework?

Cercacor complies with the EU-US Privacy Shield Framework
as set forth by the US Department of Commerce regarding the collection, use, and retention of
personal information from European Union member countries. Cercacor has certified that it
adheres to the Privacy Shield Principles of Notice, Choice and accountability for Onward
Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and
Liability. If there is any conflict between the policies in this privacy policy and the Privacy
Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy
Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

With respect to personal data received or transferred
pursuant to the Privacy Shield Framework, Cercacor is subject to the regulatory enforcement
powers of the U.S. Federal Trade Commission.

Mobile: When you download and set up apps
created by Cercacor, we may collect a variety of information such as full name, email address,
mailing address, phone number, age, biological sex, or date of birth. In addition, during the
use of our apps, we may also collect information about your location, your mobile device and
sensitive personal information relating to your health/wellness, such as the following
measurements – hemoglobin (Hgb), pulse rate (PR), oxygen saturation (SpO2), perfusion index
(PI), methemoglobin (Met), carboxyhemoglobin (CO), respiratory rate (RR) and pleth variability
index (PVI). We ask for your explicit consent to process this data. We obtain this consent
separately when you set up an account with us. However, setting up an account is not required
for you to use Ember. When you download and use our mobile application, we automatically collect
information on the type of device you use, operating system version, and the device identifier
(or "UDID").

Does Cercacor Collect Any Non-Personal Information?

As you navigate through and interact with our website, we
may use automatic data collection technologies to collect certain information about your
equipment, browsing actions and patterns, including:

Details of your visits to our website, including traffic data, location data, logs and
other communication data and the resources that you access and use on the website.

Information about your computer and Internet connection, operating system and browser
type.

We may collect data about how you use your device and applications in order to help app
developers improve their apps.

The information we collect automatically is statistical data and may not include
personal information, but we may maintain it or associate it with personal information
we collect in other ways or receive from third parties, including through purchased
marketing data about our customers. This helps us to improve our website and to deliver
a better and more personalized service, which enables us to:

Store information about your preferences, allowing us to customize our website
according to your individual interests.

Speed up your searches.

Recognize you when you return to our website.

Analyze trends in the aggregate and administer the website.

To the extent that Internet Protocol (IP) addresses,
similar identifiers, or other pieces of information are considered personal information by
applicable law, we also treat these identifiers as personal information. Similarly, to the
extent that non-personal information is combined with personal information, we treat the
combined information as personal information for the purposes of this Privacy Policy.

The personal information we collect allows us to conduct marketing activities and keep
you posted on Cercacor’s latest product announcements, software updates, and upcoming
events. If you don’t want to be on our mailing list, you can opt out anytime by updating
your preferences here.

We also use personal information to help us create, develop, operate, deliver, and
improve our products, services, content, and advertising, and for loss prevention,
anti-fraud purposes and complaint handling purposes.

We may use your personal information, including date of birth, to verify identity,
assist with identification of users, and to determine appropriate services. For example,
we may use date of birth to determine the age of Cercacor account holders.

From time to time, we may use your personal information to send important notices, such
as communications about purchases and changes to our terms, conditions, and policies.
Because this administrative and service-related information is important to your
interaction with Cercacor, you may not opt out of receiving these communications.

We may also use personal information for internal purposes such as accounting, auditing,
data analysis, and research to improve Cercacor’s products, services, and customer
communications.

We will retain your information for as long as your account
is active or as needed to provide you services. We will retain and use your information as
necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Legal Basis for Processing Personal Information

Where we need to rely upon a legal basis to process your
personal information, we generally rely on the fact that the processing is necessary for our
legitimate interests, including for those processing activities described above, and/or is
necessary for the performance of a contract between us and you.

Our legal basis to process your sensitive personal
information (i.e. health/wellness related data, as listed above), geo-location and testimonials
includes processing that is based on your express consent. You have the right to withdraw
consent for such processing at any time. To withdraw your consent, please use the contact
details in the “Contact Us” section below, or refer to the “What Choices Do I Have?” or “What
About Information Entered through Other Media Channels?” sections below. Withdrawing your
consent will not affect the lawfulness of processing based on consent prior to its withdrawal.

Does Cercacor’s Website or Mobile App Use Tracking
Technologies?

We and our partners, affiliates, or analytics or service
providers, may use any of the tracking technologies listed below to analyze trends, administer
the website, track users’ movements around the website, learn about user behavior on the
website, to improve our product and services, and to gather demographic information about our
user base as a whole. Cercacor may also use this information in our marketing and advertising
services:

Cookies (or browser cookies). A cookie is
a small text file placed on the hard drive of your computer. You may refuse to accept browser
cookies by activating the appropriate setting on your browser. However, if you select this
setting, you may be unable to access certain parts of our website. Unless you have adjusted your
browser setting so that it will refuse cookies, our system will issue cookies when you direct
your browser to our website. You can remove persistent cookies by following directions provided
in your Internet browser’s “help” file.

Local Storage (HTML5). Local Storage
(HTML5) to provide certain features on our website, to display advertising based on your web
browsing activities, and/or to store content information and preferences. Various browsers may
offer their own management tools for removing HTML5.

Web Beacons. Pages of our website and our
e-mails may contain small electronic files known as web beacons (also referred to as clear gifs,
pixel tags, and single-pixel gifs) that permit Cercacor, for example, to count users who have
visited those pages or opened an e-mail and for other related website statistics such as
recording the popularity of certain website content and verifying system and server integrity.

Cercacor also uses cookies and other technologies (beacons,
scripts, and tags) to remember personal information when you use our website, online services,
and applications. Our goal in these cases is to make your experience with Cercacor more
convenient and personal.

Can I opt out of behavioral tracking and how does
Cercacor respond to browser signals and other mechanisms that enable me to exercise choice about
behavioral tracking (*Do not track disclosure)?

Where we need to rely upon a legal basis to process your
personal information, we generally rely on the fact that the processing is necessary for our
legitimate interests, including for those processing activities described above, and/or is
necessary for the performance of a contract between us and you.

If you are located in the European Union, click here.
Please note this does not opt you out of being served ads; you will continue to receive generic
ads.

*Do Not Track Disclosure:

Currently, various browsers offer a “do not track” or “DNT”
option which sends a signal to websites visited by the user about the user's browser DNT
preference setting. Cercacor does not currently commit to responding to browsers' DNT signals
with respect to the Cercacor’s websites, in part, because no common industry standard for DNT
has been adopted, including no consistent standard of interpreting user intent.

Is data collected from Children? Can data collected
inadvertently from children be deleted?

Cercacor does not knowingly collect personal information
from children under the age of 16 If you are a parent or guardian who knows or has discovered
that your child under the age of 16 has submitted his or her personal information or other
information without your consent, permission, or authorization, upon your request, we will
promptly remove your child’s personal information or other information from our database, cease
the use of such information, and direct any other party with access to such information to do
the same.

How Does Cercacor Share Information It Collects?

We will share your personal information, such as, your IP
address, mailing address, phone number, email address, contact preferences, and credit card
information with third parties only in the ways that are described in this Privacy Policy. We do
not sell your personal information to third parties. We will also share your information with
limited members of our IT, customer support andaccounting departments.

Service Providers: We may provide your
personal information to companies that provide services on our behalf to help us with our
business activities such as fulfilling your orders, delivery of product, processing credit card
payments, conducting marketing surveys or offering customer service. These companies are
authorized to use your personal information only as necessary to provide these services to us.

Legal Disclaimer: We may also disclose
your personal information:

as required by law, such as to comply with a subpoena or similar legal process;

when we believe in good faith that disclosure is necessary to protect our rights,
protect your safety or the safety of others, investigate fraud, or respond to a
government request;

if Cercacor is involved in a merger, acquisition, or sale of all or a portion of its
assets, you will be notified via email and/or a prominent notice on our website of any
change in ownership, uses of your personal information, and choices you may have
regarding your personal information; and

to any other third party with your prior consent.

In certain situations, Cercacor may be required to disclose
personal data in response to lawful requests by public authorities, including to meet national
security or law enforcement requirements.

We will provide an individual opt-out or opt-in choice
before we share their data with third parties other than our agents, or before we use it for a
purpose other than which it was originally collected or subsequently authorized.

Cercacor’s accountability for personal data that it
receives under the Privacy Shield and subsequently transfers to a third party is described in
the Privacy Shield Principles. In particular, Cercacor remains responsible and liable under the
Privacy Shield Principles if third-party agents that it engages to process the personal data on
its behalf do so in a manner inconsistent with the Principles, unless Cercacor proves that it is
not responsible for the event giving rise to the damage.

Your Rights

You are entitled, in accordance with applicable law, to
request access to, rectification of, erasure of and portability of your personal data, and to
object to or request restriction of the processing of your personal data by logging into your
account or contacting us at the details listed in the “Contact Us” section below. If you are
aware of any changes to or inaccuracies in your personal data, you can also inform us so that
your personal data may be updated or corrected. To protect your privacy and security, we may
take reasonable steps to verify your identity before granting access or making corrections.

Moreover, if you believe that one of your contacts has
provided us with your personal information and you would like to request that it be removed from
our database, you may delete your personal information by contacting us at the details listed in
the “Contact Us” section below. We will respond to your request within a reasonable timeframe.

Opt-out Preferences: If you wish to
subscribe to our newsletter(s), we will use your name and email address to send the newsletter
to you. You may choose to stop receiving our newsletter or marketing emails by following the
unsubscribe instructions included in these emails, accessing the email preferences in your
account settings page, or contacting us at privacy@cercacor.com. You may also choose not to
provide the personal information that we have requested, but, if you chose not to do so, in many
cases we will not be able to provide you with our products or services or respond to any queries
you may have.

Geo-Location: With your permission, we
collect your location-based information for the purpose of tracking correlations between changes
in geo-specific information (such as elevation, humidity, and temperature), and the device's
measurement of health/wellness information.

Turn off Location services: Mobile devices
provide users with the ability to disable location services. These controls are located in the
device's settings menu. You may opt-out of location-based services at any time by editing the
setting at the device level.

Mobile Analytics: We use mobile analytics
software to allow us to better understand the functionality of our mobile software on your
phone. This software may record information such as how often you use the application, the
events that occur within the application, aggregated usage, performance data and from where the
application was downloaded. We do not link the information we store within the analytics
software to any personally identifiable information you submit within the mobile application.

Push Notifications: We send you push
notifications in order to enable link loss, a notification to let you know that your phone may
not be in pairing distance with Cercacor’s device. Mobile devices provide users with the ability
to disable push notifications. These controls are located in the device's settings menu. You may
opt-out of push notifications at any time by editing the setting at the device level.

How Secure Is Information About Me?

The security of your personal information is important to
us. We follow generally accepted standards to protect the personal information submitted to us,
both during transmission and once it is received. If you have any questions about the security
of your personal information, you can contact us at privacy@cercacor.com.

What About Links to Third Party Sites?

Our website may include links to other websites whose
privacy practices may differ from those of Cercacor. If you submit personal information to any
of those sites, your information is governed by their privacy policies. We encourage you to
carefully read the privacy policy of any website you visit.

What About Information Entered Through Other Media
Channels?

Blogs/Forums: Our website offers publicly
accessible blogs or community forums. You should be aware that any information you provide in
these areas may be read, collected, and used by others who access them. To request removal of
your personal information from our blog or community forum, contact us at privacy@cercacor.com.
In some cases, we may not be able to remove your personal information, in which case we will let
you know if we are unable to do so and why.

Testimonials: We display personal
testimonials and other endorsements of satisfied customers on our website. With your consent, we
may post your testimonial along with your name. If you wish to update or delete your
testimonial, you can contact us at privacy@cercacor.com.

Social Media Features and Widgets: Our
website includes social media features and widgets, such as the Facebook Like button, sharing
features from Twitter, LinkedIn or Google+, or interactive mini-programs that run on our
website. These features and widgets may collect your IP address, which webpage you are visiting
on our website, and may set a cookie to enable the feature and widget to function properly.
Social media features and widgets are either hosted by a third party or hosted directly on our
website. Your interactions with these features are governed by the privacy policy of the company
providing it.

How Are Changes To The Privacy Policy Communicated?

We may update this Privacy Policy to reflect changes to our
information practices. If we make any material changes we will notify you by email or by means
of a notice on this website prior to the change becoming effective. We encourage you to
periodically review this page for the latest information on our privacy practices.

How are Disputes Resolved?

In compliance with the Privacy Shield Principles, Cercacor
commits to resolve complaints about your privacy and our collection or use of your personal
information. European Union individuals with inquiries or complaints regarding this privacy
policy may first contact Cercacor using the contact information listed in the below “Contact Us”
section. You may also lodge a complaint with a supervisory authority if you consider that our
processing of your personal data infringes applicable law.

Cercacor has further committed to refer unresolved privacy
complaints under the Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit
alternative dispute resolution provider located in the United States and operated by the Council
of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if
your complaint is not satisfactorily addressed, please visit
www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

Under certain conditions, more fully described on the
Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute
resolution procedures have been exhausted.

Contact Us

If you have questions about this Privacy or our data
practices, please contact us at privacy@cercacor.com, or as follows: